Cabinet clears anti-torture bill

NEW DELHI: The Cabinet on Thursday cleared the long-pending Prevention of Torture Bill for introduction in Parliament with Prime Minister Manmohan Singh strongly backing the proposed law despite some misgivings that such a law could demoralize security forces after the Dantewada killings.

Though enacting the law is a step towards ratification of the UN convention against other cruel, inhuman punishment and degrading treatment, and has been pending for some time now, the timing of the bill gave rise to a question or two at the Cabinet meeting.

The argument was clinched as the PM pointed to the need for a law that underscored India's respect for human rights even as the government had promised to bring to book those guilty of killing 76 security personnel in a ruthless ambush on Tuesday. Singh has been particular that a detailed law be enacted to define torture, both physical and mental, that would attract penal action.

The proposed law has been hanging fire as over the past year, it was first suggested by home ministry that some changes in IPC would suffice. It was then argued that changes in the Evidence Act would also be needed. As it was felt that no less than three-four laws would have to be altered, the PM went along with a new law being framed.

The prevention of torture law is intended to align Indian law with the UN convention and India is now only one of a handful of signatory nations not to do so. The ratification of the convention will enable provisions in the convention to be part of Indian law. Though some of these exist in Indian law, they do not define "torture" as closely as the convention does.

The Cabinet decision is significant as government is keen to counter allegations that counter-insurgency operations can target innocent villagers in remote tribal areas and that the heavy hand of the state was responsible for the growth of Naxalism. The PM has stressed zero tolerance for human rights violations in all insurgency-hit areas including Jammu and Kashmir.

Keen to make sure that Maoists, who display no compunctions in killing security personnel or even tribals — whose rights they claim to represent — on the suspicion of being informers, do not gain propaganda advantage, the PM wants Indian agencies to run a tight ship. The prevention of torture law is a much-needed step to embellish India's credentials as a country with a sound criminal justice system.

The need to ensure respect for the law by the law enforcers themselves and the bill has been brought to the Cabinet after lengthy examination by the law commission of India and the attorney general, said an official statement. With a lot of deliberation preceding the proposed legislation, the PM felt that it should not be shelved due to the violent actions of insurgents who in any case do not believe in democratic practices.